Facts
On 22 October 2013, the appellant [X.] was following the vehicle in front of him on the motorway towards Bern at a distance of around 1,000 metres, with a distance of 12 metres and a speed of 90 km/h. The High Court of the Canton of Zurich confirmed on 2 December 2014 the first-instance conviction for gross violation of traffic regulations due to insufficient distance when following another vehicle (Art. 90 para. 2 in conjunction with Art. 34 para. 4 RTA) and sentenced [X.] to a conditional fine of 8 daily rates at CHF 290.-- and a fine of CHF 580.--. [X.] appealed against this judgment.Considerations
The Federal Court dismissed the appeal. It stated that the objective elements of the offence of gross violation of traffic regulations under Art. 90 para. 2 RTA were fulfilled, as the distance of 12 metres at a speed of 90 km/h was insufficient and posed an increased abstract danger to other road users. The appellant's description of driving in the left lane was unable to compensate for this danger, as it was questionable whether he could have a clear overview of the situation in front of the vehicle in front, and what was crucial was that the driver must be able to react to the braking behaviour of the vehicle in front.
Furthermore, the objective gross violation of traffic regulations allowed the conclusion of at least grossly negligent conduct. No special circumstances…